CHAPTER 5. PROBATE COURT MICHIGAN COURT RULES OF 1985

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1 CHAPTER 5. PROBATE COURT MICHIGAN COURT RULES OF 1985 Subchapter General Provisions Rule Applicability (A) Applicability of Rules. Procedure in probate court is governed by the rules applicable to other civil proceedings, except as modified by the rules in this chapter. (B) Terminology. (1) References to the "clerk" in the Michigan Court Rules also apply to the register in probate court proceedings. (2) References to "pleadings" in the Michigan Court Rules also apply to petitions, objections, and claims in probate court proceedings.

2 Subchapter General Rules of Pleading and Practice Rule Form and Commencement of Action; Confidential Records (A) Form of Action. There are two forms of action, a "proceeding" and a "civil action." (B) Commencement of Proceeding. A proceeding is commenced by filing an application or a petition with the court. (C) Civil Actions, Commencement, Governing Rules. The following actions must be titled civil actions and commenced by filing a complaint and are governed by the rules applicable to civil actions in circuit court: (1) Any action against another filed by a fiduciary or trustee. (2) Any action filed by a claimant after notice that the claim has been disallowed. (D) Records are public except as otherwise indicated in court rule and statute Rule Notice of Hearing A petitioner, fiduciary, or other moving party must cause to be prepared, served, and filed, a notice of hearing for all matters requiring notification of interested persons. It must state the time and date, the place, and the nature of the hearing. Hearings must be noticed for and held at times previously approved by the court. Rule Who May Serve (A) Qualifications. Service may be made by any adult or emancipated minor, including an interested person. (B) Service in a Governmental Institution. Personal service on a person in a governmental institution, hospital, or home must be made by the person in charge of the institution or a person designated by that person. Rule Proof of Service; Waiver and Consent; Unopposed Petition (A) Proof of Service. (1) Whenever service is required by statute or court rule, a proof of service must be filed promptly and at the latest before a hearing to which the paper relates or at the time the paper is required to be filed with the court if the paper does not relate to a hearing. The proof of service must include a description of the papers served, the date of service, the manner and method of service, and the person or persons served. (2) Except as otherwise provided by rule, proof of service of a paper required or permitted to be served may be by (a) a copy of the notice of hearing, if any;

3 (b) copies of other papers served with the notice of hearing, with a description of the papers in the proof of service; (c) authentication under MCR 5.114(B) of the person making service. (3) Subrule (A)(1) notwithstanding, in decedent estates, no proof of service need be filed in connection with informal proceedings or unsupervised administration unless required by court rule. (4) In unsupervised administration of a trust, subrule (A)(1) notwithstanding, no proof of service need be filed unless required by court rule. (B) Waiver and Consent. (1) Waiver. The right to notice of hearing may be waived. The waiver must (a) be stated on the record at the hearing, or (b) be in a writing, which is dated and signed by the interested person or someone authorized to consent on the interested person's behalf and specifies the hearing to which it applies. (2) Consent. The relief requested in an application, petition, or motion may be granted by consent. An interested person who consents to an application, petition, or motion does not have to be served with or waive notice of hearing on the application, petition, or motion. The consent must (a) be stated on the record at the hearing, or (b) be in a writing which is dated and signed by the interested person or someone authorized to consent on the interested person's behalf and must contain a declaration that the person signing has received a copy of the application, petition, or motion. (3) Who May Waive and Consent. A waiver and a consent may be made (a) by a legally competent interested person; (b) by a person designated in these rules as eligible to be served on behalf of an interested person who is a legally disabled person; or (c) on behalf of an interested person whether competent or legally disabled, by an attorney who has previously filed a written appearance. However, a guardian, conservator, or trustee cannot waive or consent with regard to petitions, motions, accounts, or reports made by that person as guardian, conservator, or trustee. (4) Order. If all interested persons have consented, the order may be entered immediately. (C) Unopposed Petition. If a petition is unopposed at the time set for the hearing, the court may either grant the petition on the basis of the recitations in the petition or conduct a hearing. However, an order determining heirs based on an uncontested petition to determine heirs may only be entered on the basis of sworn testimony or a sworn testimony form. An order granting a petition to appoint a guardian may only be entered on the basis of testimony at a hearing.

4 Rule Manner and Method of Service (A) Manner of Service. (1) Service on an interested person may be by personal service within or without the State of Michigan. (2) Unless another method of service is required by statute, court rule, or special order of a probate court, service may be made to the current address of an interested person by registered, certified, or ordinary first-class mail. Foreign consul and the Attorney General may be served by mail. (3) An interested person whose address or whereabouts is not known may be served by publication, if an affidavit or declaration under MCR 5.114(B) is filed with the court, showing that the address or whereabouts of the interested person could not be ascertained on diligent inquiry. Except in proceedings seeking a determination of a presumption of death based on absence pursuant to MCL (2), after an interested person has once been served by publication, notice is only required on an interested person whose address is known or becomes known during the proceedings. (4) The court, for good cause on ex parte petition, may direct the manner of service if (a) no statute or court rule provides for the manner of service on an interested person, or (b) service cannot otherwise reasonably be made. (B) Method of Service. (1) Personal Service. (a) On an Attorney. Personal service of a paper on an attorney must be made by (i) handing it to the attorney personally; (ii) leaving it at the attorney's office with a clerk or with some person in charge or, if no one is in charge or present, by leaving it in some conspicuous place there, or by electronically delivering a facsimile to the attorney's office; (iii) if the office is closed or the attorney has no office, by leaving it at the attorney's usual residence with some person of suitable age and discretion residing there; or (iv) sending the paper by registered mail or certified mail, return receipt requested, and delivery restricted to the addressee; but service is not made for purpose of this subrule until the attorney receives the paper. (b) On Other Individuals. Personal service of a paper on an individual other than an attorney must be made by (i) handing it to the individual personally;

5 (ii) leaving it at the person's usual residence with some person of suitable age and discretion residing there; or (iii) sending the paper by registered mail or certified mail, return receipt requested, and delivery restricted to the addressee; but service is not made for purpose of this subrule until the individual receives the paper. (c) On Persons Other Than Individuals. Service on an interested person other than an individual must be made in the manner provided in MCR 2.105(C)-(G). (2) Mailing. Mailing of a copy under this rule means enclosing it in a sealed envelope with first-class postage fully prepaid, addressed to the person to be served, and depositing the envelope and its contents in the United States mail. Service by mail is complete at the time of mailing. (3) Publication. Service by publication must be made in the manner provided in MCR (4) . Unless otherwise limited or provided by this court rule, parties to a civil action or interested persons to a proceeding may agree to service by e- mail in the manner provided in and governed by MCR 2.107(C)(4). (C) Petitioner, Service Not Required. For service of notice of hearing on a petition, the petitioner, although otherwise an interested person, is presumed to have waived notice and consented to the petition, unless the petition expressly indicates that the petitioner does not waive notice and does not consent to the granting of the requested prayers without a hearing. Although a petitioner or a fiduciary may in fact be an interested person, the petitioner need not indicate, either by written waiver or proof of service, that the petitioner has received a copy of any paper required by these rules to be served on interested persons. (D) Service on Persons Under Legal Disability or Otherwise Legally Represented. In a guardianship or conservatorship proceeding, a petition or notice of hearing asking for an order that affects the ward or protected individual must be served on that ward or protected individual if he or she is 14 years of age or older. In all other circumstances, service on an interested person under legal disability or otherwise legally represented must be made on the following: (1) The guardian of an adult, conservator, or guardian ad litem of a minor or other legally incapacitated individual, except with respect to: (a) a petition for commitment or (b) a petition, account, inventory, or report made as the guardian, conservator, or guardian ad litem. (2) The trustee of a trust with respect to a beneficiary of the trust, except that the trustee may not be served on behalf of the beneficiary on petitions, accounts, or reports made by the trustee as trustee or as personal representative of the settlor's estate.

6 (3) The guardian ad litem of any person, including an unascertained or unborn person, except as otherwise provided in subrule (D)(1). (4) A parent of a minor with whom the minor resides, provided the interest of the parent in the outcome of the hearing is not in conflict with the interest of the minor and provided the parent has filed an appearance on behalf of the minor. (5) The attorney for an interested person who has filed a written appearance in the proceeding. If the appearance is in the name of the office of the United States attorney, the counsel for the Veterans' Administration, the Attorney General, the prosecuting attorney, or the county or municipal corporation counsel, by a specifically designated attorney, service must be directed to the attention of the designated attorney at the address stated in the written appearance. (6) The agent of an interested person under an unrevoked power of attorney filed with the court. A power of attorney is deemed unrevoked until written revocation is filed or it is revoked by operation of law. For purposes of service, an emancipated minor without a guardian or conservator is not deemed to be under legal disability. (E) Service on Beneficiaries of Future Interests. A notice that must be served on unborn or unascertained interested persons not represented by a fiduciary or guardian ad litem is considered served on the unborn or unascertained interested persons if it is served as provided in this subrule. (1) If an interest is limited to persons in being and the same interest is further limited to the happening of a future event to unascertained or unborn persons, notice and papers must be served on the persons to whom the interest is first limited. (2) If an interest is limited to persons whose existence as a class is conditioned on some future event, notice and papers must be served on the persons in being who would comprise the class if the required event had taken place immediately before the time when the papers are served. (3) If a case is not covered by subrule (E)(1) or (2), notice and papers must be served on all known persons whose interests are substantially identical to those of the unascertained or unborn interested persons. Rule Publication of Notice of Hearing (A) Requirements. A notice of hearing or other notice required to be made by publication must be published in a newspaper as defined by MCR 2.106(F) one time at least 14 days before the date of the hearing, except that publication of a notice seeking a determination of a presumption of death based on absence pursuant to MCL (2) must be made once a month for 4 consecutive months before the hearing. (B) Contents of Published Notice. If notice is given to a person by publication because the person's address or whereabouts is not known and cannot be

7 ascertained after diligent inquiry, the published notice must include the name of the person to whom the notice is given and a statement that the result of the hearing may be to bar or affect the person's interest in the matter. (C) Affidavit of Publication. The person who orders the publication must cause to be filed with the court a copy of the publication notice and the publisher's affidavit stating (1) the facts that establish the qualifications of the newspaper, and (2) the date or dates the notice was published. (D) Service of Notice. A copy of the notice: (1) must be mailed to an interested person at his or her last known address if the person's present address is not known and cannot be ascertained by diligent inquiry; (2) need not be mailed to an interested person if an address cannot be ascertained by diligent inquiry. (E) Location of Publication. Publication must be in the county where the court is located unless a different county is specified by statute, court rule, or order of the court. Rule Other Papers Required to be Served (A) Other Papers to be Served. The person filing a petition, an application, a sworn testimony form, supplemental sworn testimony form, a motion, a response or objection, an instrument offered or admitted to probate, an accounting, or a sworn closing statement with the court must serve a copy of that document on interested persons. The person who obtains an order from the court must serve a copy of the order on interested persons. (B) Exceptions. (1) Service of the papers listed in subrule (A) is not required to be made on an interested person whose address or whereabouts, on diligent inquiry, is unknown, or on an unascertained or unborn person. The court may excuse service on an interested person for good cause. (2) Service is not required for a small estate filed under MCL Rule Time of Service (A) Personal. Personal service of a petition or motion must be made at least 7 days before the date set for hearing, or an adjourned date, unless a different period is provided or permitted by court rule. This subrule applies regardless of conflicting statutory provisions. (B) Mail. (1) Petition or Motion. Service by mail of a petition or motion must be made at least 14 days before the date set for hearing, or an adjourned date. (2) Application by a Guardian or Conservator Appointed in Another State.

8 (a) A court may appoint a temporary guardian or conservator without a hearing pursuant to MCL a, MCL a, or MCL (b) If a court appoints a temporary guardian or conservator pursuant to MCL a, MCL a or MCL , the temporary guardian or conservator must, not later than 14 days after the appointment, serve notice of the appointment by mail to all interested persons. (C) Exception: Foreign Consul. This rule does not affect the manner and time for service on foreign consul provided by law. (D) Computation of Time. MCR governs computation of time in probate proceedings. (E) Responses. A written response or objection may be served at any time before the hearing or at a time set by the court. Rule Notice of Guardianship Proceedings Concerning Indian Child If an Indian child is the subject of a guardianship proceeding and an Indian tribe does not have exclusive jurisdiction as defined in MCR 3.002(2): (1) in addition to any other service requirements, the petitioner shall notify the parent or Indian custodian and the Indian child s tribe, by personal service or by registered mail with return receipt requested and delivery restricted to the addressee, of the pending proceedings on a petition to establish guardianship over the Indian child and of their right of intervention on a form approved by the State Court Administrative Office. If the identity or location of the parent or Indian custodian, or of the Indian child s tribe, cannot be determined, notice shall be given to the Secretary of the Interior by registered mail with return receipt requested. If a petition is filed with the court that subsequently identifies the minor as an Indian child after a guardianship has been established, notice of that petition must be served in accordance with this subrule. (2) the court shall notify the parent or Indian custodian and the Indian child s tribe of all other hearings pertaining to the guardianship proceeding as provided in MCR If the identity or location of the parent or Indian custodian, or of the Indian child s tribe, cannot be determined, notice of the hearings shall be given to the Secretary of the Interior. Such notice may be made by first-class mail. Rule Prior Proceedings Affecting the Person of a Minor Proceedings affecting the person of a minor subject to the prior continuing jurisdiction of another court of record are governed by MCR 3.205, including the requirement that petitions in such proceedings must contain allegations with respect to the prior proceedings. Rule Papers; Form and Filing (A) Forms of Papers Generally.

9 (1) An application, petition, motion, inventory, report, account, or other paper in a proceeding must (a) comply with MCR and be legibly typewritten or printed in ink in the English language, and (b) include the (i) name of the court and title of the proceeding in which it is filed; (ii) case number, if any, including a prefix of the year filed and a twoletter suffix for the case-type code (see MCR 8.117) according to the principal subject matter of the proceeding, and if the case is filed under the juvenile code, the petition number which also includes a prefix of the year filed and a two-letter suffix for the case-type code. (iii) character of the paper; and (iv) name, address, and telephone number of the attorney, if any, appearing for the person filing the paper, and (c) be substantially in the form approved by the State Court Administrator, if a form has been approved for the use. (2) A judge or register may reject nonconforming documents in accordance with MCR (B) Contents of Petitions. (1) A petition must include allegations and representations sufficient to justify the relief sought and must: (a) identify the petitioner, and the petitioner's interest in proceedings, and qualification to petition; (b) include allegations as to residence, domicile, or property situs essential to establishing court jurisdiction; (c) identify and incorporate, directly or by reference, any documents to be admitted, construed, or interpreted; (d) include any additional allegations required by law or court rule; (e) except when ex parte relief is sought, include a current list of interested persons, indicate the existence and form of incapacity of any of them, the mailing addresses of the persons or their representatives, the nature of representation and the need, if any, for special representation. (2) The petition may incorporate by reference papers and lists of interested persons previously filed with the court if changes in the papers or lists are set forth in the incorporating petition. (C) Filing by Registered Mail. Any document required by law to be filed in or delivered to the court by registered mail, may be filed or delivered by certified mail, return receipt requested.

10 (D) Filing Additional Papers. The court in its discretion may receive for filing a paper not required to be filed. Rule Signing and Authentication of Papers (A) Signing of Papers. (1) The provisions of MCR regarding the signing of papers apply in probate proceedings except as provided in this subrule. (2) When a person is represented by an attorney, the signature of the attorney is required on any paper filed in a form approved by the State Court Administrator only if the form includes a place for a signature. (3) An application, petition, or other paper may be signed by the attorney for the petitioner, except that an inventory, account, acceptance of appointment, and sworn closing statement must be signed by the fiduciary or trustee. A receipt for assets must be signed by the person entitled to the assets. (B) Authentication by Verification or Declaration. (1) An application, petition, inventory, accounting, proof of claim, or proof of service must be either authenticated by verification under oath by the person making it, or, in the alternative, contain a statement immediately above the date and signature of the maker: "I declare under the penalties of perjury that this has been examined by me and that its contents are true to the best of my information, knowledge, and belief." Any requirement of law that a document filed with the court must be sworn may be met by this declaration. (2) In addition to the sanctions provided by MCR 2.114(E), a person who knowingly makes a false declaration under subrule (B)(1) is in contempt of court. Rule Appearance by Attorneys (A) Representation of Fiduciary. An attorney filing an appearance on behalf of a fiduciary shall represent the fiduciary. (B) Appearance. (1) In General. An attorney may appear by an act indicating that the attorney represents an interested person in the proceeding. An appearance by an attorney for an interested person is deemed an appearance by the interested person. Unless a particular rule indicates otherwise, any act required to be performed by an interested person may be performed by the attorney representing the interested person. (2) Notice of Appearance. If an appearance is made in a manner not involving the filing of a paper served with the court or if the appearance is made by filing a paper which is not served on the interested persons, the attorney must promptly file a written appearance and serve it on the interested persons whose addresses are known and on the fiduciary. The attorney's address and telephone number must be included in the appearance.

11 (3) Appearance by Law Firm. (a) A pleading, appearance, motion, or other paper filed by a law firm on behalf of a client is deemed the appearance of the individual attorney first filing a paper in the action. All notices required by these rules may be served on that individual. That attorney's appearance continues until an order of substitution or withdrawal is entered. This subrule is not intended to prohibit other attorneys in the law firm from appearing in the action on behalf of the client. (b) The appearance of an attorney is deemed to be the appearance of every member of the law firm. Any attorney in the firm may be required by the court to conduct a court-ordered conference or trial. (C) Duration of Appearance by Attorney. (1) In General. Unless otherwise stated in the appearance or ordered by the court, an attorney's appearance applies only in the court in which it is made or to which the action is transferred and only for the proceeding in which it is filed. (2) Appearance on Behalf of Fiduciary. An appearance on behalf of a fiduciary applies until the proceedings are completed, the client is discharged, or an order terminating the appearance is entered. (3) Termination of Appearance on Behalf of a Personal Representative. In unsupervised administration, the probate register may enter an order terminating an appearance on behalf of a personal representative if the personal representative consents in writing to the termination. (4) Other Appearance. An appearance on behalf of a client other than a fiduciary applies until a final order is entered disposing of all claims by or against the client, or an order terminating the appearance is entered. (5) Substitution of Attorneys. In the case of a substitution of attorneys, the court in a supervised administration or the probate register in an unsupervised administration may enter an order permitting the substitution without prior notice to the interested persons or fiduciary. If the order is entered, the substituted attorney must give notice of the substitution to all interested persons and the fiduciary. (D) Right to Determination of Compensation. An attorney whose services are terminated retains the right to have compensation determined before the proceeding is closed. Rule Amending or Supplementing Papers (A) Papers Subject to Hearing. A person who has filed a paper that is subject to a hearing may amend or supplement the paper (1) before a hearing if notice is given pursuant to these rules, or (2) at the hearing without new notice of hearing if the court determines that material prejudice would not result to the substantial rights of the person to whom the notice should have been directed.

12 (B) Papers Not Subject to Hearing. A person who has filed a paper that is not subject to a hearing may amend or supplement the paper if service is made pursuant to these rules. Rule Additional Petitions; Objections; Hearing Practices (A) Right to Hearing, New Matter. An interested person may, within the period allowed by law or these rules, file a petition and obtain a hearing with respect to the petition. The petitioner must serve copies of the petition and notice of hearing on the fiduciary and other interested persons whose addresses are known. (B) Objection to Pending Matter. An interested person may object to a pending petition orally at the hearing or by filing and serving a paper which conforms with MCR The court may adjourn a hearing based on an oral objection and require that a proper written objection be filed and served. (C) Adjournment. A petition that is not heard on the day for which it is noticed, in the absence of a special order, stands adjourned from day to day or until a day certain. (D) Briefs; Argument. The court may require that briefs of law and fact and proposed orders be filed as a condition precedent to oral argument. The court may limit oral argument. Rule Action by Fiduciary in Contested Matter; Notice to Interested Persons; Failure to Intervene The fiduciary represents the interested persons in a contested matter. The fiduciary must give notice to all interested persons whose addresses are known that a contested matter has been commenced and must keep such interested persons reasonably informed of the fiduciary's actions concerning the matter. The fiduciary must inform the interested persons that they may file a petition to intervene in the matter and that failure to intervene shall result in their being bound by the actions of the fiduciary. The interested person shall be bound by the actions of the fiduciary after such notice and until the interested person notifies the fiduciary that the interested person has filed with the court a petition to intervene. Rule Guardian Ad Litem; Visitor (A) Appointment. (1) Guardian Ad Litem. The court shall appoint a guardian ad litem when required by law. If it deems necessary, the court may appoint a guardian ad litem to appear for and represent the interests of any person in any proceeding. The court shall state the purpose of the appointment in the order of appointment. The order may be entered with or without notice. (2) Visitor. The court may appoint a visitor when authorized by law. (B) Revocation. If it deems necessary, the court may revoke the appointment and appoint another guardian ad litem or visitor.

13 (C) Duties. Before the date set for hearing, the guardian ad litem or visitor shall conduct an investigation and shall make a report in open court or file a written report of the investigation and recommendations. The guardian ad litem or visitor need not appear personally at the hearing unless required by law or directed by the court. Any written report must be filed with the court at least 24 hours before the hearing or such other time specified by the court. (D) Evidence. (1) Reports, Admission Into Evidence. Oral and written reports of a guardian ad litem or visitor may be received by the court and may be relied on to the extent of their probative value, even though such evidence may not be admissible under the Michigan Rules of Evidence. (2) Reports, Review and Cross-Examination. (a) Any interested person shall be afforded an opportunity to examine and controvert reports received into evidence. (b) The person who is the subject of a report received under subrule (D)(1) shall be permitted to cross-examine the individual making the report if the person requests such an opportunity. (c) Other interested persons may cross-examine the individual making a report on the contents of the report, if the individual is reasonably available. The court may limit cross-examination for good cause. (E) Attorney-Client Privilege. (1) During Appointment of Guardian Ad Litem. When the guardian ad litem appointed to represent the interest of a person is an attorney, that appointment does not create an attorney-client relationship. Communications between that person and the guardian ad litem are not subject to the attorney-client privilege. The guardian ad litem must inform the person whose interests are represented of this lack of privilege as soon as practicable after appointment. The guardian ad litem may report or testify about any communication with the person whose interests are represented. (2) Later Appointment as Attorney. If the appointment of the guardian ad litem is terminated and the same individual is appointed attorney, the appointment as attorney creates an attorney-client relationship. The attorney-client privilege relates back to the date of the appointment of the guardian ad litem. Rule Interested Persons Defined (A) Special Persons. In addition to persons named in subrule (C) with respect to specific proceedings, the following persons must be served: (1) The Attorney General must be served if required by law or court rule. The Attorney General must be served in the specific proceedings enumerated in subrule (C) when the decedent is not survived by any known heirs, or the protected person has no known presumptive heirs.

14 (2) A foreign consul must be served if required by MCL (4) or court rule. An attorney who has filed an appearance for a foreign consul must be served when required by subrule (A)(5). (3) On a petition for the appointment of a guardian or conservator of a person on whose account benefits are payable by the Veterans' Administration, the Administrator of Veterans' Affairs must be served through the administrator's Michigan district counsel. (4) A guardian, conservator, or guardian ad litem of a person must be served with notice of proceedings as to which the represented person is an interested person, except as provided by MCR 5.105(D)(1). (5) An attorney who has filed an appearance must be served notice of proceedings concerning which the attorney's client is an interested person. (6) A special fiduciary appointed under MCL (7) A person who filed a demand for notice under MCL or a request for notice under MCL if the demand or request has not been withdrawn, expired, or terminated by court order. (8) In a guardianship proceeding for a minor, if the minor is an Indian child as defined by the Michigan Indian Family Preservation Act, MCL 712B.1 et seq., the minor s tribe and the Indian custodian, if any, and, if the Indian child s parent or Indian custodian or tribe is unknown, the Secretary of the Interior. (B) Special Conditions for Interested Persons. (1) Claimant. Only a claimant who has properly presented a claim and whose claim has not been disallowed and remains unpaid need be notified of specific proceedings under subrule (C). (2) Devisee. Only a devisee whose devise remains unsatisfied, or a trust beneficiary whose beneficial interest remains unsatisfied, need be notified of specific proceedings under subrule (C). (3) Trust as Devisee. If either a trust or a trustee is a devisee, the trustee is the interested person. If no trustee has qualified, the interested persons are the qualified trust beneficiaries described in MCL (g)(i) and the nominated trustee, if any. (4) Father of a Child Born out of Wedlock. Except as otherwise provided by law, the natural father of a child born out of wedlock need not be served notice of proceedings in which the child's parents are interested persons unless his paternity has been determined in a manner provided by law. (5) Decedent as Interested Person. If a decedent is an interested person, the personal representative of the decedent s estate is the interested person. If there is no personal representative, the interested persons are the known heirs of the estate of the decedent, and the known devisees. If there are no known heirs, the Attorney General must receive notice.

15 (C) Specific Proceedings. Subject to subrules (A) and (B) and MCR 5.105(E), the following provisions apply. When a single petition requests multiple forms of relief, the petitioner must give notice to all persons interested in each type of relief: (1) The persons interested in an application or a petition to probate a will are the (a) devisees, (b) nominated trustee and qualified trust beneficiaries described in MCL (g)(i) of a trust created under the will, (c) heirs, (d) nominated personal representative, and (e) trustee of a revocable trust described in MCL (1). (2) The persons interested in an application or a petition to appoint a personal representative, other than a special personal representative, of an intestate estate are the (a) heirs, (b) nominated personal representative, and (c) trustee of a revocable trust described in MCL (1). (3) The persons interested in a petition to determine the heirs of a decedent are the presumptive heirs. (4) The persons interested in a petition of surety for discharge from further liability are the (a) principal on the bond, (b) co-surety, (c) devisees of a testate estate, (d) heirs of an intestate estate, (e) qualified trust beneficiaries, as referred to in MCL (g)(i), (f) protected person and presumptive heirs of the protected person in a conservatorship, and (g) claimants. (5) The persons interested in a proceeding for spouse's allowance are the (a) devisees of a testate estate, (b) heirs of an intestate estate, (c) claimants, (d) spouse, and (e) the personal representative, if the spouse is not the personal representative.

16 (6) The persons interested in a proceeding for examination or approval of an account of a fiduciary are: (a) for a testate estate, the devisees under the will (and if one of the devisees is a trustee or a trust, the persons referred to in MCR 5.125[B][3]), (b) for an intestate estate, the heirs, (c) for a conservatorship, the protected individual (if he or she is 14 years of age or older), the presumptive heirs of the protected individual, and the guardian ad litem, if any, (d) for a final conservatorship or guardianship account following the death of the protected person, the personal representative, if one has been appointed, (e) for a guardianship, the ward (if he or she is 14 years of age or older), the presumptive heirs of the ward, and the guardian ad litem, if any, (f) for a revocable trust, the settlor (and if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, those persons who are entitled to be reasonably informed, as referred to in MCL [2]), the current trustee, and any other person named in the terms of the trust to receive either an account or a notice of such a proceeding, including a trust protector, (g) for an irrevocable trust, the current trustee, the qualified trust beneficiaries, as defined in MCL (g), and any other person named in the terms of the trust to receive either an account or a notice of such a proceeding, including a trust protector, (h) in all matters described in this subsection (6), any person whose interests would be adversely affected by the relief requested, including a claimant or an insurer or surety who might be subject to financial obligations as the result of the approval of the account. (7) The persons interested in a proceeding for partial distribution of the estate of a decedent are the (a) devisees of a testate estate entitled to share in the residue, (b) heirs of an intestate estate, (c) claimants, and (d) any other person whose unsatisfied interests in the estate may be affected by such assignment. (8) The persons interested in a petition for an order of complete estate settlement under MCL or a petition for discharge under MCR 5.311(B)(3) are the (a) devisees of a testate estate, (b) heirs unless there has been an adjudication that decedent died testate, (c) claimants, and

17 (d) such other persons whose interests are affected by the relief requested. (9) The persons interested in a proceeding for an estate settlement order pursuant to MCL are the (a) personal representative, (b) devisees, (c) claimants, and (d) such other persons whose interests are affected by the relief requested. (10) The persons interested in a proceeding for assignment and distribution of the share of an absent apparent heir or devisee in the estate of a decedent are the (a) devisees of the will of the decedent, (b) heirs of the decedent if the decedent did not leave a will, (c) devisees of the will of the absent person, and (d) presumptive heirs of the absent person. (11) The persons interested in a petition for supervised administration after an estate has been commenced are the (a) devisees, unless the court has previously found decedent died intestate, (b) heirs, unless the court has previously found decedent died testate, (c) personal representative, and (d) claimants. (12) The persons interested in an independent request for adjudication under MCL and a petition for an interim order under MCL are the (a) personal representative, and (b) other persons who will be affected by the adjudication. (13) The persons interested in a petition for settlement of a wrongful-death action or distribution of wrongful-death proceeds are the (a) heirs of the decedent, (b) other persons who may be entitled to distribution of wrongful-death proceeds, and (c) claimants whose interests are affected. (14) The persons interested in a will contest settlement proceeding are the (a) heirs of the decedent and (b) devisees affected by settlement. (15) The persons interested in a partition proceeding where the property has not been assigned to a trust under the will are the

18 (a) heirs in an intestate estate or (b) devisees affected by partition. (16) The persons interested in a partition proceeding where the property has been assigned to a trust under the will are the (a) trustee and (b) beneficiaries affected by the partition. (17) The persons interested in a petition to establish the cause and date of death in an accident or disaster case under MCL are the heirs of the presumed decedent. (18) The persons interested in a proceeding under the Mental Health Code that may result in an individual receiving involuntary mental health treatment or judicial admission of an individual with a developmental disability to a center are the (a) individual, (b) individual's attorney, (c) petitioner, (d) prosecuting attorney or petitioner's attorney, (e) director of any hospital or center to which the individual has been admitted, (f) the individual's spouse, if the spouse's whereabouts are known, (g) the individual's guardian, if any, (h) in a proceeding for judicial admission to a center, the community mental health program, and (i) such other relatives or persons as the court may determine. (19) The persons interested in an application for appointment of a guardian of a minor by a guardian appointed in another state and in a petition for appointment of a guardian of a minor are (a) the minor, if 14 years of age or older; (b) if known by the petitioner or applicant, each person who had the principal care and custody of the minor during the 63 days preceding the filing of the petition or application; (c) the parents of the minor or, if neither of them is living, any grandparents and the adult presumptive heirs of the minor; (d) the nominated guardian, and (e) if known by the petitioner or applicant, a guardian or conservator appointed by a court in another state to make decisions regarding the person of a minor.

19 (20) The persons interested in the acceptance of parental appointment of the guardian of a minor under MCL are (a) the minor, if 14 years of age or older, (b) the person having the minor's care, and (c) each grandparent and the adult presumptive heirs of the minor. (21) The persons interested in a 7-day notice of acceptance of appointment as guardian of an incapacitated individual under MCL are the (a) incapacitated individual, (b) person having the care of the incapacitated individual, and (c) presumptive heirs of the incapacitated individual. (22) The persons interested in an application for appointment of a guardian of an incapacitated individual by a guardian appointed in another state or in a petition for appointment of a guardian of an alleged incapacitated individual are (a) the alleged incapacitated individual or the incapacitated individual, (b) if known, a person named as attorney in fact under a durable power of attorney, (c) the alleged incapacitated individual's spouse or the incapacitated individual s spouse, (d) the alleged incapacitated individual's adult children and the individual's parents or the incapacitated individual s adult children and parents, (e) if no spouse, child, or parent is living, the presumptive heirs of the individual, (f) the person who has the care and custody of the alleged incapacitated individual or of the incapacitated individual, (g) the nominated guardian, and (h) if known by the petitioner or applicant, a guardian or conservator appointed by a court in another state to have care and control of the incapacitated individual. (23) The persons interested in receiving a copy of the report of a guardian of a legally incapacitated individual on the condition of a ward are: (a) the ward, (b) the person who has principal care and custody of the ward, and (c) the spouse and adult children or, if no adult children are living, the presumptive heirs of the individual. (24) The persons interested in an application for appointment of a conservator for a protected individual by a conservator appointed in another state or for the petition for the appointment of a conservator or for a protective order are:

20 (a) the individual to be protected if 14 years of age or older, (b) the presumptive heirs of the individual to be protected, (c) if known, a person named as attorney in fact under a durable power of attorney, (d) the nominated conservator, (e) a governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending, and (f) if known by the petitioner or applicant, a guardian or conservator appointed by a court in another state to manage the protected individual s finances. (25) The persons interested in a petition for the modification or termination of a guardianship or conservatorship or for the removal of a guardian or a conservator are (a) those interested in a petition for appointment under subrule (C)(19), (21), (22), or (24) as the case may be, and (b) the guardian or conservator. (26) The persons interested in a petition by a conservator for instructions or approval of sale of real estate or other assets are (a) the protected individual and (b) those persons listed in subrule (C)(24) who will be affected by the instructions or order. (27) The persons interested in receiving a copy of an inventory or account of a conservator or of a guardian are: (a) the protected individual or ward, if he or she is 14 years of age or older, (b) the presumptive heirs of the protected individual or ward, (c) the claimants, (d) the guardian ad litem, and (e) the personal representative, if any. (28) The persons interested in a petition for approval of a trust under MCR are (a) the protected individual if 14 years of age or older, (b) the presumptive heirs of the protected individual, (c) if there is no conservator, a person named as attorney in fact under a durable power of attorney, (d) the nominated trustee, and (e) a governmental agency paying benefits to the individual to be protected or before which an application for benefits is pending.

21 (29) The persons interested in a petition for emancipation of a minor are (a) the minor, (b) parents of the minor, (c) the affiant on an affidavit supporting emancipation, and (d) any guardian or conservator. (30) Interested persons for any proceeding concerning a durable power of attorney for health care are (a) the patient, (b) the patient's advocate, (c) the patient's spouse, (d) the patient's adult children, (e) the patient's parents if the patient has no adult children, (f) if the patient has no spouse, adult children, or parents, the patient's minor children, or, if there are none, the presumptive heirs whose addresses are known, (g) the patient's guardian and conservator, if any, and (h) the patient's guardian ad litem. (31) Persons interested in a proceeding to require, hear, or settle an accounting of an agent under a power of attorney are (a) the principal, (b) the attorney in fact or agent, (c) any fiduciary of the principal, (d) the principal's guardian ad litem or attorney, if any, and (e) the principal's presumptive heirs. (32) Subject to the provisions of Part 3 of Article VII of the Estates and Protected Individuals Code, the persons interested in the modification or termination of a noncharitable irrevocable trust are: (a) the qualified trust beneficiaries affected by the relief requested, (b).the settlor, (c).if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, the settlor s representative, as referred to in MCL (6); (d) the trust protector, if any, as referred to in MCL (n), (e) the current trustee, and (f) any other person named in the terms of the trust to receive notice of such a proceeding.

22 (33) Subject to the provisions of Part 3 of Article VII of the Estates and Protected Individuals Code, the persons interested in a proceeding affecting a trust other than those already covered by subrules (C)(6), (C)(28), and (C)(32) are: (a) the qualified trust beneficiaries affected by the relief requested, (b) the holder of a power of appointment affected by the relief requested, (c) the current trustee, (d) in a proceeding to appoint a trustee, the proposed trustee, (e) the trust protector, if any, as referred to in MCL (n), (f) the settlor of a revocable trust, and (g) if the petitioner has a reasonable basis to believe the settlor is an incapacitated individual, those persons who are entitled to be reasonably informed, as referred to in MCL (2). (D) The court shall make a specific determination of the interested persons if they are not defined by statute or court rule. (E) In the interest of justice, the court may require additional persons be served. Rule Demand or Request for Notice (A) Applicability. For purposes of this rule "demand" means a demand or request. This rule governs the procedures to be followed regarding a person who files a demand for notice pursuant to MCL or MCL This person under both sections is referred to as a "demandant." (B) Procedure. (1) Obligation to Provide Notice or Copies of Documents. Except in small estates under MCL and MCL , the person responsible for serving a paper in a decedent estate, guardianship, or conservatorship in which a demand for notice is filed is responsible for providing copies of any orders and filings pertaining to the proceeding in which the demandant has requested notification. If no proceeding is pending at the time the demand is filed, the court must notify the petitioner or applicant at the time of filing that a demand for notice has been filed and of the responsibility to provide notice to the demandant. (2) Rights and Obligations of Demandant. (a) The demandant must serve on interested persons a copy of a demand for notice filed after a proceeding has been commenced. (b) Unless the demand for notice is limited to a specified class of papers, the demandant is entitled to receive copies of all orders and filings subsequent to the filing of the demand. The copies must be mailed to the address specified in the demand. If the address becomes invalid and the demandant does not provide a new address, no further copies of papers need be provided to the demandant.

23 (C) Termination, Withdrawal. (1) Termination on Disqualification of Demandant. The fiduciary or an interested person may petition the court to determine that a person who filed a demand for notice does not meet the requirements of statute or court rule to receive notification. The court on its own motion may require the demandant to show cause why the demand should not be stricken. (2) Expiration of Demand When no Proceeding is Opened. If a proceeding is not opened, the demand expires three years from the date the demand is filed. (3) Withdrawal. The demandant may withdraw the demand at any time by communicating the withdrawal in writing to the fiduciary. Rule Venue of Certain Actions (A) Defendant Found Incompetent to Stand Trial. When a criminal defendant is found mentally incompetent to stand trial and is referred to the probate court for admission to a treating facility, (1) if the defendant is a Michigan resident, venue is proper in the county where the defendant resides; (2) if the defendant is not a Michigan resident, venue is proper in the county of the referring criminal court. (B) Guardian of Property of Nonresident With a Developmental Disability. If an individual with a developmental disability is a nonresident of Michigan and needs a guardian for Michigan property under the Mental Health Code, venue is proper in the probate court of the county where any of the property is located. (C) Guardian of Individual With a Developmental Disability Who is in a Facility. If venue for a proceeding to appoint a guardian for an individual with a developmental disability who is in a facility is questioned, and it appears that the convenience of the individual with a developmental disability or guardian would not be served by proceeding in the county where the individual with a developmental disability was found, venue is proper in the county where the individual with a developmental disability most likely would reside if not disabled. In making its decision, the court shall consider the situs of the property of the individual with a developmental disability and the residence of relatives or others who have provided care. Rule Change of Venue (A) Reasons for Change. On petition by an interested person or on the court's own initiative, the venue of a proceeding may be changed to another county by court order for the convenience of the parties and witnesses, for convenience of the attorneys, or if an impartial trial cannot be had in the county where the action is pending. (B) Procedure. If venue is changed (1) the court must send to the transferee court, without charge, copies of necessary documents on file as requested by the parties or the transferee court